THE PREJUDICIAL FORCE OF A JUDICIAL ACT AS AN OBSTACLE TO THE EXCLUSION OF A CLAIM FROM THE REGISTER

THE PREJUDICIAL FORCE OF A JUDICIAL ACT AS AN OBSTACLE TO THE EXCLUSION OF A CLAIM FROM THE REGISTER

THE PREJUDICIAL FORCE OF A JUDICIAL ACT AS AN OBSTACLE TO THE EXCLUSION OF A CLAIM FROM THE REGISTER
The manager applied to the court for the exclusion of the creditor's claims from the debtor's register (case no. A45-26143/15).

The courts of two instances satisfied the application, based on the invalidity of the loan agreements and the absence of obligations of the company to the creditor. The courts concluded that there were no legal grounds for finding the creditor's claims in the debtor's creditors' register. 

The cassation refused to satisfy the application, noting that the fact of the validity of credit agreements concluded between the creditor and the debtor, established by the definition of the Supreme Court of the Russian Federation, is a prejudicially significant circumstance. Since there are no grounds for excluding the creditor's claims from the debtor's creditors' register, the contested judicial acts are subject to cancellation. as adopted in violation of substantive law. 

 

Photo: Freepik

18.12.2025